Tole v. State

District Court of Appeal of Florida

Tole v. State

953 So. 2d 689, 2007 Fla. App. LEXIS 4894, 2007 WL 980732

CourtDistrict Court of Appeal of Florida

DecidedApril 4, 2007

DocketNo. 1D06-3645

StatusPublished

This text of 953 So. 2d 689 (Tole v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tole v. State, 953 So. 2d 689, 2007 Fla. App. LEXIS 4894, 2007 WL 980732 (Fla. Ct. App. 2007).

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Opinion

PER CURIAM.

The appellant challenges the trial court’s summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the appellant’s first claim without further discussion. Because the appellant’s second claim is facially sufficient, and because the trial court failed to attach portions of the record which conclusively refute the appellant’s claim, we reverse and remand to the trial court to attach portions of the record which conclusively refute the appellant’s claim, to hold an evidentiary hearing, or to grant the relief requested. See State v. Leroux, 689 So.2d 235 (Fla.1996); Rackley v. State, 571 So.2d 533, 535 (Fla. 1st DCA 1990).

REVERSED AND REMANDED.

BARFIELD, KAHN, and PADOVANO, JJ., Concur.

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PER CURIAM.

The appellant challenges the trial court’s summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the appellant’s first claim without further discussion. Because the appellant’s second claim is facially sufficient, and because the trial court failed to attach portions of the record which conclusively refute the appellant’s claim, we reverse and remand to the trial court to attach portions of the record which conclusively refute the appellant’s claim, to hold an evidentiary hearing, or to grant the relief requested. See State v. Leroux, 689 So.2d 235 (Fla.1996); Rackley v. State, 571 So.2d 533, 535 (Fla. 1st DCA 1990).

REVERSED AND REMANDED.

BARFIELD, KAHN, and PADOVANO, JJ., Concur.

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Bluebook (online)

953 So. 2d 689, 2007 Fla. App. LEXIS 4894, 2007 WL 980732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tole-v-state-fladistctapp-2007.

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